Enhanced Protection with no protected lump sum?

SA96SA96 Member
edited April 22 in Technical stuff

Hi everyone,

Does anyone have any experience with EP clients who have no protected lump sum entitlement.

I have a specific scenario.

  1. Client has EP with no protected PCLS.
  2. Client crystallised £1.75 million in 09/10, and used up 100% of the LTA. The LTA in 09/10 was £1.75 million and the client received £437,500 in tax-free cash.
  3. Client now has c£300,000 in SIPP funds uncrystallised.

My assumption was that the client's remaining LSA is £0, as he used up 100% of his LTA in 09/10.

I also calculated that he wouldn't benefit from a transitional certificate as he has received more than £375,000 in tax-free cash.

But I've been told by a SIPP provider that the client has a remaining LSA of £106,275.

Their calculation is based on 100% of the standard LSA being used (£268,275), and because the client has EP of £375,000, his remaining LSA is £106,275.

Are they correct? It's the first time I've come across a client with EP and no protected PCLS.

Comments

  • I agree with your analysis. Ask them to quote the legislation that shows they are correct.

  • SA96SA96 Member

    @les_cameron said:
    I agree with your analysis. Ask them to quote the legislation that shows they are correct.

    Thanks Les, I will definitely do that.

  • They key point is they are treated as having a standard LTA of £1.5m at 5 April 2024 and they have used it all. So used £375k.

  • SA96SA96 Member

    @les_cameron said:
    They key point is they are treated as having a standard LTA of £1.5m at 5 April 2024 and they have used it all. So used £375k.

    Thank you, I will let you know what the SIPP provider says.

  • Hi, sorry to jump in on this but what was the outcome? I've had the same thing where we calculated a TTFAC would be better for a client with enhanced protection no protected TFC but the provider have said the standard is better based on the following calc:

    But I thought the calc is based on £1.5m and can't see why the standard LSDBA is being used? I've looked through guidance and can't see this mentioned anywhere either.

    Thanks

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